Phulwari Khatoon @ Fulbari Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3039 of 2024 ====================================================== Phulwari Khatoon @ Fulbari Khatun Wife of Md. Dilkhush Alam, Resident of Village- Nardah, Ward No. 5, Gram Panchayat- Nardah, Block and P.S. - Puraini, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare Department Govt. Bihar, Patna.

2.

The Principal Secretary, Social Welfare Department Govt. Bihar, Patna. 3.

The Director, I.C.D.S (Social Welfare Department) Govt. Bihar, Patna. 4.

The Divisional Commissioner, Kosi Division, Saharsa. 5.

The Distrit Magistrate, Madhepura, District - Saharsa. 6.

The District Programme Officer, ICDS, Madhepura, District - Madhepura. 7.

The Child Development Project Officer, Puraini, District - Madhepura. 8.

The Mahila Supervisor, Puraini, District - Madhepura. 9.

Sabila Khatoon, Wife of Seikh Salim, Resident of Village - Narad East, Ward No.5, Gram Panchayat- Narad, P.S. - Puraini, District - Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr.Government Pleader (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i) For issuance of writ nature of certiorari for quashing the order dated 05.09.2023 passed by Divisional Commissioner, Koshi Division, Saharsa in Anganwari Revision no. 86/2021 by which set aside the order bearing Memo No.63 dated 04.12.2020 and cancelled the selection to the petitioner on the post of the Sahaiyka in the Anganwari Centre No. 34, Ward No.5 and directed to the issued selection in the name of the Respondent No.9.

Patna High Court CWJC No.3039 of 2024(2) dt.07-03-2024 2/2 ii) For further pleased to affirm the order bearing Memo No.63 dated 04.12.2020 by which the application filed by the Respondent no.9 before District Programme Officer, Madhepura as Anganwari Case No.9/2020 has been rejected and af firmed the selection of the petitioner on the post of Sahaiyka in the Anganwari Centre No.34, Ward No.5. iii) Further pleased to affirm the selection letter dated 25.02.2020 issued by Mahila Supervisor, Puraini as per decision of Aam Sabha by which appointed on post Sahaiyka in the Anganwari Centre No. 34, Ward No.5 by Aam Sabha, since very date, the petitioner is still working.

iv) For further give other legal consequential benefit to the petitioner."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a suit before the learned Civil Court having competent jurisdiction for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U